Please see the link below
http://www.rtiindia.org/forum/63890-up-minor-reason-rejecting-right-information-query.html
the discussion appeared in rtiindia.org was copied word-to-word by the
so called Akhilesh Saxena jii.
Please see the comments of dr.s.malhotra ji and the forwarded mail of
Akhilesh saxena .
This is against the ethics . So I request so called convener of rti
council of Uttar prdesh , Akhilesh Saxena ji not to indulge in such
unethical acts.
I admire dr.s.malhotra for his comments and views.
regards
urvashi sharma
On 12/3/10, Akhilesh Kumar Saxena <akhileshsaxena09@gmail.com> wrote:
> Dear Urvashi Ji,
>
> In my humble opinion , the CIC of UPSIC is right in his decision . It is
> accepted that if a particular law is silent on some provision , then such
> interpretation can be drawn from other laws prevailing and referring to such
> provisions . RTI Act is silent on " minimum age of the applicant " but other
> laws are not which require a deponent to be a major above 18 years of age ,
> of sound mind .
>
> It has to be kept in mind that Applicant will soon be Appellant and
> Complainant which would require him or her to verify the contents of his
> pleadings in appeals and complaints . Verification of legal or quasi-legal
> documents require knowledge and capacity to take CONSIDERED independent (
> non-tutored) decision - sound mind . A child of tender age can not be
> trusted with such decision making .
> While the law does give one a right , but at the same time it stipulates one
> to use that right judiciously without disrupting the harmony in the system .
> Now consider a wrong or frivolous application , Appeal and Complaint by such
> child . Issue of information is certainly there , but just imagine the
> wastage of time , man-power to the system by some unwise queries . The PIO ,
> AA , Commission shall all be scratching their heads just to make the kid
> understand the wisdom of their decisions ( though most sane people find it
> difficult to understand the wisdom of such decisions many times - just a
> joke ) .
> Just image - kids sending RTI Applications to school asking why mobiles are
> banned in exams , why they have to wear dress , why school does not start
> after they get up at 11 AM and the like ...the list can be mind-boggling .
> But at the same time, I do not underestimate the significance of queries
> raised by some kids . They are capable of raising such issues which can
> shake you no ends because these come from unadulterated minds . In such
> cases some mechanism should be evolved that the issues of kids can be taken
> up suo moto at some level like the Hon'ble High Courts are doing for the
> cause of social justice or the Applications to be entertained through an
> appointed master in the school or the like . How it will work can be debated
> and a mechanism evolved . RTIAct and very basic provisions of IPC , should
> be included in syllabus at 8th class level so that they can start filling
> RTI Apps when they are 14-15 years , DoPT may certify such RTI KIds after
> training them for 2-3 months .
> In nutshell , I would be happiest person if kids just know what is
> corruption and how it is eating into the national resources . They should be
> able to ask - "dad ! how did you purchase the Audi ?"
> Purpose of RTI Act would be full-filled ..
>
> I think we need to separate 2 issue - whether a minor CAN make an
> application under the RTI Act, and whether a KID should be so allowed.
>
> As far as the validity under present law is concerned, I think the law is
> clear enough - section 3 proclaims that All citizens have right to
> Information. As RTI Act does not define 'citizen', we can safely infer that
> it is the citizen as defined under the Citizen Act, 1955. If the legislature
> had intended to confer this right on adults only, it could have very well
> said so clearly in the law itself. Neither courts nor the ICs have any right
> to put words and stipulations into the act where they do not exist.
>
> On the issue of desirability of kids asking questions under RTI, though I
> fully respect your right to hold that view, I disagree with you. About the
> objections raised by you, *please note *that anything starting with 'why' is
> automatically rejected, without reading any further. And there are
> sufficient provisions in the law to protect public authorities to protect
> from 'wrong or frivolous' questions, by children as well as adults.
>
>
> Regard's
>
> Akhilesh Saxena
>
> Convener-*RTI Council of* *U.P.*
>
--
Urvashi Sharma
RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com
Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )
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